280 BURR— THE TREATY-MAKING POWER [April 20, 



added on motion of Benjamin Franklin of the words: "or any 

 treaties subsisting under the authority of the Union. "-^ On June 

 -8th the reconsideration of this resohition was moved and a long dis- 

 cussion ensued between those who felt the power was necessary to 

 insure Federal effectiveness, and those who, like Mr. Williamson, 

 of North Carolina, feared it " might restrain the States from regu- 

 lating their internal police."'-''' The resolution was eventually disap- 

 proved by a majority.-' On June 13th the twelfth resolution was 

 adopted.-^ On June 15th the New Jersey plan was submitted, which 

 specially included within the jurisdiction of the Federal judiciary, 

 cases " in the construction of any treaty or treaties. "-° When the 

 committee of detail reported, the power given to Congress by the 

 sixth resolution of the Virginia. plan had disappeared, and the juris- 

 diction of the United States Supreme Court was declared to extend 

 " to all cases arising under laws passed by the Legislature of the 

 United States. "^° No reference to cases arising under treaties was in- 

 cluded. A series of amendments then ensued. The judicial power 

 was declared to extend to cases in equity as well as at law.^^ In 

 addition " to all cases arising under laws " were included those 

 arising under the Constitution^- and under treaties. ^^ 



The committee of style reported this provision in the form in 

 which it now appears^* if one except an immaterial verbal altera- 

 tion, later made.^^ 



As with the judiciary provisons of Article III. of the Constitu- 

 tion, which remained unconceived so long as the national legisla- 

 ture was regarded as the proper body to negative unconstitutional 

 State laws, so also was it with Article VI. Its seed is to be found 

 not in the A'irginia plan but in the New Jersey resolutions offered 

 on June 15th. The sixth was as follows: 



" Res'd. that all acts of the United States in Congress made by virtue 

 and in pursuance of the powers hereby and Iiy the articles of confederation 



